96

REGULATORY PROBLEMS OF DISASTER MANAGEMENT IN INDONESIA

Shanti Dwi Kartika

Research Centre of the General Secretariat of
the House of Representatives of the Republic of Indonesia
E-mail: sh4_dtika@yahoo.co.id

Abstract

Indonesia is a disaster-prone country. The state should protect the people and pay more attention to
disaster management through legal instruments. To anticipate the disaster, the government has is-
sued a legal policy in the form of Law Number 24 Year 2007 on Disaster Management. However, dis-
aster management has not been effective. Therefore, it is important to understand about regulatory
aspect of disaster management and legal issue in the implementation of disaster management. This
study determined that the recent law of disaster management has been well improved following the
previous law. In its implementation, there are still problems such as disharmony legislation in dis-
aster management, overlapping authority and lack of inter-institutional coordination followed by
overlapping authority, disoriented working procedures of disaster management and disaster manage-
ment to uncontrolled funding. It’s necessary harmonization of the legal system, institutional streng-
thening of the national disaster management agency and amendment of Disaster Management Act.

Keywords: disaster management, legal, regulatory

Abstrak

Indonesia merupakan negara yang rawan bencana. Negara harus melindungi masyarakat dan memberi-
kan perhatian lebih pada penanggulangan bencana melalui instrumen hukum. Untuk mengantisipasi
bencana, pemerintah telah mengeluarkan kebijakan hukum dalam bentuk UU No. 24 Tahun 2007 ten-
tang Penanggulangan Bencana. Namun, penanggulangan bencana belum efektif. Oleh karena itu, pen-
ting untuk memahami aspek regulasi dalam penanggulangan bencana dan permasalahan hukum dalam
pelaksanaan penanggulangan bencana. Kajian ini menemukan bahwa hukum penanggulangan bencana
yang baru telah lebih meningkat dari pada hukum penanggulangan bencana sebelumnya, terjadi bebe-
rapa permasalahan dalam implementasinya seperti diharmoni peraturan perundang-undangan, tum-
pang tindih kewenangan dan koordinasi antar-kelembagaan, tata kerja dan pendanaan dalam penang-
gulangan bencana. Atas dasar itu, perlu dilakukan harmonisasi dalam sistem hukum penanggulangan
bencana, penguatan kelembagaan badan nasional penanggulangan bencana, dan perubahan UU Pe-
nanggulangan Bencana.

Kata kunci: penanggulangan bencana, hukum, peraturan.

Introduction fires (11.6%), and drought (7.9%).2 Basically, the

Indonesia is a disaster-prone country, be-
cause the characteristics of geological, geo-
graphical, and sociological put Indonesia as the
area that are rich in disasters.1 Based on data
from the National Agency for Disaster of the
Republic of Indonesia, 2175 disasters that oc-
curred until November 2016, such as floods
(31.3%), typhoons (20.8%), landslides (17.3%),
1 3
Iwan Subiyantoro, “Selayang Pandang Tentang Benca-
na”, Jurnal Dialog Penanggulangan Bencana, Vol.1 No.1,
2010, Jakarta: Badan Nasional Penanggulangan Bencana,
page 44.
disaster that often occurs is a manifestation of
a combination between nature prone to physical
system vulnerabilities that exist in Indonesian
society, social system, culture, and politics.3
The disasters can have a big impact on the eco-
nomy, social welfare, and politics of a country.
2
The National Agency for Disaster of Indonesia Republic,
“Perbandingan Jumlah Kejadian Bencana per Jenis Ben-
cana 1815-2016”, available on the website http://dibi.
bnpb.go.id/, accessed on January 9, 2017.
Christiana Yuni Kusmiati, ”Menuju Perbaikan Manajemen
Penanggulangan Bencana di Indonesia”, Jurnal Adminis-
trasi Publik, Vol. 4 No. 2, October 2005, Bandung: Uni-
versitas Katolik Parahyangan.

This indicates that the government has an im-
portant role in disaster management despite
disaster management is the responsibility of all
elements of society.
For that reason, the government has in-
troduced policies and regulations related to the
handling of the disaster. To provide a legal basis
in disaster management, the government has
formed and issued the enactment of Law No. 24
of 2007 on the Disaster Management (Disaster
Management Act). This law has been in effect
since enacted on April 26, 2007 and became the
main source of law for the implementation of
disaster management. There are several laws
and regulations related to disaster manage-
ment, whether that specifically regulate di-
saster management as stipulated by law Disas-
ter Management Act and other legislation relat-
ed to the disaster. However, disaster manage-
ment has not been effective. One base issue of
ineffectiveness of disaster management is the
lack of policy and regulation at the national le-
vel regarding the handling of the disaster.4
Legislation relating to disasters, among
others, the Disaster Management Act highly as-
sociated with legislation governing the use,
management, and conservation of natural re-
sources. According to Bayu Dwi Anggono, need
harmonization between the Disaster Manage-
ment Act with sectorial legislation because the
law is closely related to other legislation gover-
ning natural resources so that there are over-
laps and inconsistencies.5 This harmonization is
required in order to avoid overlapping regula-
tion and harmony between legal norms in regu-
lations as the legal system in the national legal
frameworks.6 Based on this theory, Hans Kelsen
argues that legal norms tiered and layered in a
4
Heru Susetyo, “Urgensi Undang-Undang Penanggulangan
Bencana di Indonesia,” Lex Jurnalica Vol. 3 No. 1, April
2005, Jakarta: Universitas Esa Unggul, page 24.
5
Bayu Dwi Anggono, “Harmonisasi Peraturan Perundang-
undangan di Bidang Penanggulangan Bencana,” Mimbar
Hukum, Vol. 22 No. 2, Juni 2010, Yogyakarta: Universi-
tas Gadjah Mada, page 373-390.
6
Sapto Budoyo, ”Langkah Sistemik Harmonisasi Hukum
dalam Pembentukan Peraturan Perundang-undangan”,
Civis, Vol. 4 No. 2, July 2014, Semarang: Universitas
PGRI, page 608.
Regulatory Problems of Disaster Management in Indonesia 97
hierarchy (arrangements), so the lower prevail-
ing norms, based on norms derived and higher,
whereas the higher prevailing norms, sourced,
and based on the norms of higher again until a
norm cannot be traced further and hypothetical
and fictional is basic norm (grundnorm).7
The legal system is the result of the har-
monization process of some elements and fac-
tors are processed by and uphold paradigms,
principles, norms, and legal methods are cer-
tainly as previously agreed. Harmonization of
this law shall refer to the legislation, the defini-
tion and scope, institutional integration, as well
as codification and unification efforts. Dishar-
mony in the Indonesia legal system is influenced
by several factors. There are the differences
between the various laws or regulations, con-
flict between the law by implementing regula-
tions, difference between legislation with poli-
cies of government agencies, difference bet-
ween legislation with jurisprudence and the
court decision, policies of the central govern-
ment agencies are conflicting, the difference
between the policies of central and local go-
vernment agencies, the difference between the
provisions of the law with the formulation of a
certain sense, and clash between the authority
of government agencies because of the division
of authority that is not systematic and clear.
Background illustrates that Indonesia has
a high level of vulnerability to disasters and the
government has issued a legal policy in the form
of legislation. But in practice, the regulation of
disaster management has not been effective.
This study deals with legal issues of disaster ma-
nagement in Indonesia, which is: what the re-
gulatory aspect of disaster management and
what the legal issues in the implementation of
disaster management. This study is intended to
examine and analyse the regulatory aspects of
disaster management. This study is expected to
increase knowledge about disaster management
and harmonization of regulations. Other than
7
Maria Farida Indrati S, 2007, Ilmu Perundang-undangan
I: Jenis, Fungsi, dan Materi Muatan, Yogyakarta: Kani-
sius, pages 41-42.
98 Jurnal Dinamika Hukum
Vol. 17 No. 1, January 2017
that, this study is expected to be a reference
for stakeholders, especially parliaments, go-
vernments, and national disaster management
agency to making policies and regulations of the
disaster management, including to revise the
Disaster Management Act.
Discussion
The Regulatory Aspect of Disaster Manage-
ment
The national political law should be able
to encourage and fill all the elements in the
national legal system. The national legal system
is an integral unity in the development of the
law, which consists of lawmaking, legal sub-
stance, legal executing, and law enforcement.8
It is means the dimensions of state administra-
tion, demanded optimal roles and responsibili-
ties of the state to protect its people, either in
the form of protection to life and the lives of
the people including protection against natural
disasters.9
In addition, the need for the presence of
legal instruments in disaster management is in-
fluenced by the momentum of natural disasters
period 1989 to 2007 and human factors such as
vertical conflict that occurred in some areas.
The disasters often occur in Indonesia affected
by the hazard pose risks and social conflict. This
is the legal political factors that affect the es-
tablishment of the political of law of disaster
management.
The occurrence of disasters and the need
for a comprehensive legal instrument of disaster
is influenced by the condition of Indonesia
which at the time was not yet has a basic policy
in the form of legislation in a coherent and
comprehensive set of disaster management and
policy framework that is no longer relevant in
the context of democracy and an autonomy.
This occur has been aware of the Indonesian
people will need to have a comprehensive dis-
8
Riri Nazriyah, ”Peranan Cita Hukum dalam Pembentukan
Hukum Nasional,” Jurnal Hukum Ius Quia Iustum, No. 20
Vol. 9, June 2002, Yogyakarta: Universitas Islam Indone-
sia, page 137.
9 10
Shanti Dwi Kartika, “Politik Hukum Penanggulangan Ben-
cana,” Jurnal Kajian, Vol. 20 No. 4, December 2015, Ja-
karta: Pusat Pengkajian Pengolahan Data dan Informasi,
Sekretariat Jenderal DPR RI, page 335.
aster management system nationally or disaster
management system.10 Other than that, the
disaster management system still materially
sectorial, fragmented, and focused on the
emergency response before the enactment of
the Disaster Management Act. The regulations
of disaster management have indication of con-
flict because of overlapping arrangements, in-
stitutional, and authority resulting in inconsis-
tencies and multiple interpretations in the le-
gislation. Therefore, the normative disaster ma-
nagement should be regulated.
To meet legal requirements and improve
disaster response pattern, the Government and
the House of Representatives of the Indonesia
Republic have enacted Disaster Management Act
on April 26, 2007 to be the legal basis for dis-
aster management in Indonesia. The Disaster
Management Act is a decision between the Par-
liament and the President as the legal policies
of the results of the political process for dis-
aster management in Indonesia. Disaster Man-
agement Act essentially regulates the imple-
mentation of disaster management, the founda-
tion of norms and values, institutions, distribu-
tion of authority, and law enforcement. After
the enacted Disaster Management Act, disaster
management has ad new dimension in the pat-
tern and system of disaster management in In-
donesia. There is a change in the system of
disaster management in Indonesia after enacted
Disaster Management Act as shown at Table 1.
Table 1. Comparative Perspectives of Old and
New System of Disaster management
Old System New System
Generally appli-
cable and binding
Legal basic Sectoral on all depart-
ments, public and
non-governmen-
tal organizations
Mitigation, emer-
Emergency gency response,
Paradigm
response rehabilitation and
reconstruction
Disaster man- National Board
Institute agement coor- for Disaster Ma-
dination body nagement BNPB),
Syamsul Maarif, “Bencana dan Penanggulangannya dari
Aspek Sosiologis,” Jurnal Dialog Penanggulangan Benca-
na, Vol. 1 No. 1, Tahun 2010, Jakarta: Badan Nasional
Penanggulangan Bencana, page 4.
 Regulatory Problems of Disaster Management in Indonesia 99

Old System New System nal and regional level, and involves the active
(Bakornas PB), Provincial Disas- participation of society. The establishment of
implementing ter Management
coordination Agency (BPBD
the Disaster Management Act is influenced by
unit (Satkor- Provinsi), disaster the changes that occur in the community re-
lak), and im- response agencies lated to the disaster emergency response be
plementing of district/city
units (Satlak) (BPBD Kab/ Kota)
seen from risk management, protection of go-
Role of civil Actively involve vernment into protection as human rights for
Limited
society community the people, and disaster management as the re-
Responsibility of sponsibility of the state be run disaster manage-
Division of Most of the the central
responsibili- central go- gover-nment, ment as a shared responsibility of all elements
ties vernment provincial and of the nation. It expands disaster management
district to public space by changing all aspects of poli-
Not to be part National Action
of develop- Plan for Disaster cy, institutional, coordination, and mechanisms
ment planning Risk Reduction that give more space for public participation,
aspects a. Disaster ma- non-governmental organizations, businesses,
Development nagement
Planning plan and the international community.
b. Regional Ac- The Disaster Management Act mandates a
tion Plan for paradigm shift in disaster management in Indo-
Disaster Risk
Reduction nesia, namely of emergency response turns into
Risk analysis risk reduction. This means that the paradigm
Mitigation (combining vul- shift from emergency response into disaster risk
Susceptibility
approach nerability and ca-
pacity) reduction with risk management, then the ele-
National Plat- ments of the emergency response phase as pre-
Forum coope- Not available
form disaster need to be prepared in an integrated
ration among
stake-holders Provincial Plat- manner with an emphasis on prevention and
form
Responsibility preparedness elements.11 Disaster Management
Budget allo- Depending on the Act comprehensively identify the disaster as an
of the central
cation level of disaster
government event or series of events that threaten and dis-
Referring to the
Guidelines
Fragmented guidelines made
rupt the lives and livelihoods caused by three
for Disaster factors, namely natural factors, non-natural
and sectorial by BNPB and BP-
Management
BD factors, and the human factor which is then re-
Disaster aspect
ferred to as a social disaster. By regulation, the
should be consi-
With Spatial Not to be as- disaster caused by these three factors are legis-
dered in the pre-
Linkage pects
paration of spa- lation disaster field, aspects of legislation zon-
tial
ing and environmental, legislation decentraliza-
Source: Bappenas RI
tion and specificity, sectorial legislation, and
Table 1 shows that disaster management in In-
legislation supporting of disaster mitigation.
donesia experiencing a paradigm shift since the
There are based on The Constitution of 1945
enactment of the Disaster Management Act. Di-
which is the highest hierarchy of legislation of
saster management is no longer on all aspects
the Republic of Indonesia. On this basis, the
of emergency response, but also emphasizes all
fifth legal arena for this disaster spread on
aspects of disaster management which includes
the pre-disaster mitigation, emergency response some legislation at the level of legislation. For
in times of disaster, and post-disaster rehabili- 11
Shandra Lisya Wandasari, ”Sinkronisasi Peraturan Perun-
tation and reconstruction. The disaster manage- dang-undangan dalam mewujudkan Pengurangan Risiko
Bencana,” Unnes Law Journal, Vol. 2 No. 2, 2013, Sema-
ment involving all stakeholders from the natio- rang: Faculty of Law Universitas Negeri Semarang, page
138.
100 Jurnal Dinamika Hukum
Vol. 17 No. 1, January 2017
it, is necessary to harmonize and changes to
Disaster Management Act which is based on the
dynamics of legal norms.
The Legal Issues in the Implementation of Dis-
aster Management
There are several issues arising from the
disaster, among other disasters are difficult to
predict, the equipment used to secure and eva-
cuate disaster victims is still limited and the
lack of coordination between the central go-
vernment and local governments in disaster ma-
nagement is not maximized and optimized, di-
saster management is still using the paradigm
which is partial, the government has not pro-
perly carry out its function in the protection of
victims. Besides set in the Disaster Management
Act and its implementing regulations, the dis-
aster is the substance that is tangent to the set-
ting in some legislation. Based on the legal as-
pect of the Disaster Management Act, this act
serve as a legal basic that is lex generalist and
comprehensive for disaster management with
all regulatory and policy implementation. How-
ever, the law is dynamic following the develop-
ments and changes, including in terms of dis-
aster, so there would be possible legal issues in
the implementation of the Disaster Management
Act.
Disaster Management Act is classifying di-
saster into three groups, namely natural disas-
ters, man-made disasters, and social disaster.
Disaster Management Act gives a new dimension
to disaster management in Indonesia, which was
followed by the enactment of legislation that
implementation of Government Regulation
Number 21 Year 2008 on the Implementation of
Disaster Management, Government Regulation
Number 22 Year 2008 on Financing and Manage-
ment of Disaster Assistance, Government Regu-
lation Number 23 Year 2008 on the Participation
of International Institutions and Foreign Non-
Government Institutions in Disaster Manage-
ment, and Presidential Decree Number 8 Year
2008 on the National Disaster Management
Agency. Besides set in the Disaster Management
Act and its implementing regulations, the di-
saster is the substance that is tangent to the
setting in some legislation. The constraints fa-
ced in the implementation of the Disaster Mana-
gement Act, namely: first, before the enact-
ment of the Disaster Management Act has no
legisla-tion governing disaster relief efforts in
related sectors which have consequences secto-
rial responsibilities; and second, found indica-
tions of legislation both at the centre and in
areas relating to disaster relief efforts are still
showing symptoms overlap, conflict, inconsis-
tency, and multiple interpretations.
In its implementation, there are still
problems such as disharmony legislation in dis-
aster management, overlapping authority and
lack of inter-institutional coordination, and
working procedures of disaster management and
disaster management funding. The first problem
of the implementation of disaster management
is disharmony regulation in disaster manage-
ment. This regulatory harmonization needs to
be done, because it has elements of Disaster
Management Act disorders with some sectorial
laws and authority vested in them, such as the
Law Number 27 Year 2007, the Law Number 7
Year 2012, the Law Number 26 Year 2007, and
the Law Number 31 Year 2009. It means the
substance of the legislation relating to disaster
management, such as natural resources, the au-
thority of government, institutional, financial,
and environmental.
Against this legal issues need to be har-
monized by the dynamics of legal norms. This
harmonization is necessary for the implementa-
tion of the Disaster Management Act has been
linked with several other legislations although
not specifically regulates disaster management.
Other than that, regulation of disaster manage-
ment is necessary for the harmonization of the
laws of disaster management have an element
of disharmony with some sectoral laws, include-
ing the authority in it. Harmonization is needed,
because the Indonesian legal system is plural
can trigger disharmony legislation.
Harmonization undertaken should refer to
the legislation, the definition and scope, insti-
tutional coherence, the efforts of codification,
and unification. This harmonization can’t be
separated from rechtidee and staat fundamen-
 Regulatory Problems of Disaster Management in Indonesia 101
tal norm, for later study the vertical and hori-
zontal synchronization as a form of harmoniza-
tion. Synchronization is carried out in accord-
ance with the theory of the hierarchy of legal
norms (stufenbau theory). A legal norm is sour-
ced and based on the norm across it and down
into the rule below it. A legal norm has a
validity period depends on the norms laws that
are in it. The positive law is arranged in a logi-
cal hierarchy pyramid. The hierarchy of legal
norms articulated in the hierarchy of legislation
in Indonesia as stipulated in the Law Number 12
Year 2011. Hierarchy of legislation puts NRI
Constitution of 1945 as the highest legislation in
Indonesia. On that basis, the legislation in the
field of disaster management refers to the NRI
Constitution of 1945.
Implementation of disaster management
ultimately implemented by government regula-
tions and ministerial level decisions and institu-
tions. In the execution of the respective min-
istries and agencies make their own rules, as
derived above legislation on it. These conditions
gave rise to potential inconsistencies in the im-
plementation of disaster management. How-
ever, disharmony legislation in disaster mana-
gement, it makes overlapping authority and lack
of inter-institutional coordination of ministries/
agencies that run the disaster management au-
thority as has been derived from sectorial laws
as their roles, responsibilities, and functions of
the sector.
This means the problem arises when the
alignment and coordination across sectors to
realize the disaster. The National Agency for
Disaster of Indonesian Republic difficulty carry-
ing out the mandate to coordinate ministries
and agencies, when traced it seems originated
from Presidential Decree Number 8 Year 2008
on the Establishment the National Agency for
Disaster of Indonesian Republic. The institution-
nal problems continue with The Presence of
Presidential Decree Number 4 Year 2012 on Dis-
aster Management Flood and Landslide (Instruc-
tion 4/2012). Substance Instruction 4/2012 ba-
sically reaffirms coordinates the functions of
ministries and agencies should do the National
Agency for Disaster of Indonesian Republic. The
presence of this Instruction may be interpreted
as a statement of inability to coordinate all
components of disaster, able to coordinate and
willing coordinate.
This misalignment results in a clash of au-
thority and lack of institutional coordination is
responsible for dealing with disasters. This is
due to sectoral laws granting authority to the
institutions to deal with the disaster, while the
National Disaster Management Agency is man-
dated to coordinate the ministries, agencies,
and local governments in disaster management.
This has an impact on the working procedures
and disaster relief funding, because ministries,
agencies, and local governments will have the
working procedures of disaster management
along with funding.
The other regulatory problems of disaster
management are working procedures and fund-
ing which of disaster management are related
to Law Number 32 Year 2004 on Regional Go-
vernment and Law Number 33 Year 2004 on Fis-
cal Balance between the Government and the
Local Government. Both of regulation is not set
mandate for local government in the disaster
management, even in Law Number 23 Year 2014
on Regional Government also does not give au-
thority to the local government in disaster man-
agement. This resulted in the disaster manage-
ment has not become the principal mandate
funding for activities disaster management be-
comes stepchild in the financial balance of de-
velopment. Disaster management funding in
areas not included in the main priorities. The
same thing affairs division between central and
local government in the implementation of the
disaster management is often considered to be
unclear. Besides these laws, Government Regu-
lation Number 22 Year 2008 on Disaster Manage-
ment Funding and Government Regulation Num-
ber 38 Year 2007 on Government Affairs Division
of the Provincial Government and local govern-
ment, district/ city, or between the Provincial
Government and the Government of Regency/
102 Jurnal Dinamika Hukum
Vol. 17 No. 1, January 2017
City are still not significant. One of the legal in-
struments used are Government Regulations
Number 44 Year 2012 on the Emergency Fund.
Regulation needs to accommodate the use of
emergency funds-practice emergency response
led to the status of emergency preparedness
and emergency transition, considering the im-
plications there.
This means that the disharmony in dis-
aster when viewed from factors causing dishar-
mony by LM Lapian Gandhi. The differences
between the various laws and regulations, the
difference between law enforcement regula-
tions, and the clash of authority from stake-
holders because of the division of authority that
is not systematic and clear are pull factors that
cause the lack of disaster management regula-
tions. Other than that, a prerequisite for effec-
tive disaster management that is the direction
and political commitment is reflected in the
policy constitutional, statutory, regulatory re-
gions, executive development policy, as well as
sectorial elements. This means that the lack of
disaster management regulation influenced by
legal substance, legal structure, and legal cul-
ture.
Without a clear policy, would not be the
norm that can be used to determine the goals
and motivate political-bureaucratic behaviour
to achieve it. Therefore, the legal policy of the
disaster can be assessed and evaluated on poli-
cies related to the disaster. Disaster Manage-
ment Act enacted in hopes of becoming a strong
legal foundation in disaster management, over-
coming the weakness of inter-sector coordina-
tion, encourage synergy of the various parties in
disaster management, disaster management and
to realize a more systematic, integrated, and
coordination. This means that the Disaster Man-
agement Act can’t see as the imperative norm
or necessity (das sollen) but it’s should be a
subsystem which das sein.12 This act is deter-
mined by politic, in the formulation of the legal
12
Martha Pigome, “Implementasi Prinsip Demokrasi dan
Nomokrasi dalam Struktur Ketatanegaraan RI Pasca
Amandemen UUD 1945”, Jurnal Dinamika Hukum, Vol.
11 No. 2, May 2011, Purwokerto: Faculty of Law Univer-
sitas Jenderal Soedirman, page 339.
substance as well as in the implementation and
enforcement.
But it’s in implementation of disaster
management has regulatory problems. Problem
solving from the legal issue in the implementa-
tion of disaster management is needed to be
harmonized by the dynamics of legal norms in
accordance with the theory of the hierarchy of
legal norms. It means to solve these problems,
necessary harmonization of the legal system and
the legislation for the creation of a system that
is more comprehensive disaster management,
compile and collect the legislation that has
been there for more convenient reference in
disaster management, and create a database of
legislation.
It is also necessary for the institutional
strengthening of the national disaster manage-
ment agency and amendments of Disaster Mana-
gement Act. It needs to be done in the context
of risk management based disaster manage-
ment. For that, the national disaster manage-
ment agency should be given to strengthening
the institutional form: first, strengthening the
role of the national disaster management agen-
cy in cooperation and coordination with the mi-
nistries/ agencies and local governments in the
implementation of disaster management, se-
condly, strengthening the function of coordinat-
ing, implementing, and command, and thirdly,
strengthening capacity through availability of
human resources, budget, facilities, and infra-
structure as a supporting system in disaster ma-
nagement. In addition, there should be also the
structuring and setting the working relationship
between the national disaster management
agencies with the regional disaster management
agency to strengthen the capacity of national
disaster management operations. To harmonize
of disaster management, the government can
do to enforcement the regulatory and
strengthen the institutional. These efforts can
be done by using a harmonized approach for
legal codifica-tion and unification of disaster
management, cross-sectoral approach in
organizing and carry-ing out disaster relief, as
well as community participation approach
 Regulatory Problems of Disaster Management in Indonesia 103
Conclusion
This study found that the recent law of
disaster management has been well improved
than that the previous law. However, in its im-
plementation, there are still problems such as
disharmony legislation in disaster management,
overlapping authority and lack of inter-institu-
tional coordination, and working procedures of
disaster management and disaster management
funding.
Suggestion
To solve these legal issues, necessary har-
monization of the legal system and the legisla-
tion for the creation of a system that is more
comprehensive disaster management, compile
and collect the legislation that has been there
for more convenient reference in disaster man-
agement, and create a database of legislation.
It is also necessary for the institutional streng-
thening of the national disaster management
agency and amendment of Disaster Management
Act.
Bibliografi:
Anggono, Bayu Dwi. “Harmonisasi Peraturan
Perundang-undangan di Bidang Penanggu-
langan Bencana.” Mimbar Hukum. Vol. 22
No. 2. June 2010. Yogyakarta: Faculty of
Law Universitas Gadjah Mada;
Budoyo, Sapto. ”Langkah Sistemik Harmonisasi
Hukum dalam Pembentukan Peraturan
Perundang-undangan.” Civis. Vol. 4 No. 2.
July 2014. Semarang: Universitas PGRI;
Kartika, Shanti Dwi. “Politik Hukum Penanggu-
langan Bencana.” Kajian. Vol. 20 No. 4.
December 2015. Jakarta: Pusat Pengkaji-
an Pengolahan Data dan Informasi. Sekre-
tariat Jenderal DPR RI;
Kusmiati, Christiana Yuni. ”Menuju Perbaikan
Manajemen Penanggulangan Bencana di
Indonesia”. Jurnal Administrasi Publik.
Vol. 4 No. 2. October 2005. Bandung: Uni-
versitas Katolik Parahyangan;
Nazriyah, Riri. ”Peranan Cita Hukum dalam
Pembentukan Hukum Nasional.” Jurnal
Hukum Ius Quia Iustum. No. 20 Vol. 9. Ju-
ne 2002. Yogyakarta: Faculty of Law Uni-
versitas Islam Indonesia;
Maarif, Syamsul. “Bencana dan Penanggulangan-
nya dari Aspek Sosiologis.” Jurnal Dialog
Penanggulangan Bencana. Vol. 1 No. 1.
2010. Jakarta: Badan Nasional Penanggu-
langan Bencana;
Pigome, Martha. “Implementasi Prinsip Demo-
krasi dan Nomokrasi dalam Struktur Keta-
tanegaraan RI Pasca Amandemen UUD
1945”. Jurnal Dinamika Hukum. Vol. 11
No. 2. May 2011. Purwokerto: Faculty of
Law Universitas Jenderal Soedirman;
S, Maria Farida Indrati. 2007. Ilmu Perundang-
undangan I: Jenis. Fungsi. dan Materi Mu-
atan. Yogyakarta: Kanisius;
Subiyantoro, Iwan. “Selayang Pandang Tentang
Bencana.” Jurnal Dialog Penanggulangan
Bencana. Vol. 1 No. 1. 2010. Jakarta: Ba-
dan Nasional Penanggulangan Bencana;
Susetyo, Heru. “Urgensi Undang-Undang Pe-
nanggulangan Bencana di Indonesia.” Lex
Jurnalica Vol. 3 No. 1. April 2005. Jakar-
ta: Faculty of Law Universitas Esa Unggul;
The National Agency for Disaster of Indonesia
Republic. “Perbandingan Jumlah Kejadi-
an Bencana per Jenis Bencana 1815-
2016”. available on the website http://
dibi.bnpb.go.id/. accessed Jan 9. 2017;
Wandasari, Shandra Lisya. ”Sinkronisasi Peratur-
an Perundang-undangan dalam mewujud-
kan Pengurangan Risiko Bencana.” Unnes
Law Journal. Vol. 2 No. 2. 2013. Sema-
rang: Faculty of Law Universitas Negeri
Semarang.